Serving all of New Mexico
Sexual abuse is a very serious matter, but so are false allegations and charges. Have you been wrongly charged with sexual abuse? If so, we understand what you are going through. It can be a time of serious frustration, embarrassment, depression, resentment, and confusion. While you may know you are innocent, it sometimes isn’t enough to just tell the truth. You need experienced defense attorneys on your side. If you have been wrongly accused or charged with sexual abuse, don’t hesitate to reach out to us. We defend people just like you every day.
What is Sexual Abuse in New Mexico?
First and foremost, it is important to understand the legal definitions of sexual abuse. Legally speaking, two types of statutes contain definitions of sexual abuse: child protection and criminal. The child protection definition is included in the Child Abuse Prevention and Treatment Act and reads:
- “(A) the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; or
- (B) the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children; …”
The criminal definition can be very detailed and depends on a number of factors, including the age of the child, level of force used, relationship between the victim and offender, and the type of sexual act performed.
Sexual abuse can refer to any or all of the following sexual acts:
- Noncontact acts (sexual comments, exposing of private parts, voyeurism, showing pornographic materials, etc.)
- Sexual contact (offender touching victims private parts, offender forcing victim to touch his/her private parts, frottage, etc.)
- Digital or object penetration (offender placing fingers or other instrument in victim’s vagina or anus, offender forcing victim to place fingers or other instrument in his/her vagina or anus, etc.)
- Oral Sex (cunnilingus, fellatio, anilingus, tongue kissing, breast kissing, etc.)
- Penile Penetration (vaginal or anal intercourse)
The Severity of Sexual Abuse Charges
If you are accused of sexual abuse, you face a lifetime of consequences. These will likely include jail time followed by parole, loss of civil rights and privacy, embarrassment, difficulties finding employment, and more. Don’t take these allegations lightly, even if you know you are innocent.
The problem many people face is that they assume they can expunge their name by simply telling the truth. Sadly enough, this is often not the case. There are two major reasons for this: (1) It is commonly believed that children do not lie – especially about something so serious; and, (2) The court always errs on the side of caution when it comes to child safety and protection. Taking these two factors into account, you can see the importance of finding legal representation when falsely accused of sexual abuse.
What to Do
The most important thing to do when falsely accused of sexual abuse is to act swiftly. Contact an Albuquerque, New Mexico defense attorney and begin the process of clearing your name. Again, don’t assume telling the truth is enough. You need someone who understands the challenges of proving allegations false, presenting reasonable explanation for why false allegations were made, and placing the burden of proof on the accuser.
The New Mexico Criminal Law Offices have been helping people just like you since 1997. Our firm is made up of two attorneys with one priority: clearing your name. If you are looking for personalized legal representation, unparalleled experience, and genuine care and compassion for your situation, contact us today. We would be happy to provide you with a free initial consolation and answer any questions you may have.